City Council approves amendments to smoking ban

May 8, 2012

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The City Council unanimously approved a series of amendments to the city’s smoking ban on Monday, granting exemptions to existing Springfield tobacco shops, cigar bars and private clubs.

Bingo halls also gained an exemption under certain circumstances, and electronic cigarettes and theatrical performances no longer are covered by the ban.

The 9-0 vote came amid disgruntled comments from both residents and council members.

Supporters of the smoking ban — passed by voters in April 2011 after an initiative petition — have spoken against some of the language used in the council-backed exemptions, especially the “grandfathering” of existing businesses.

Resident Fred Ellison accused the council of trying to “fool the voters” by approving minor amendments weeks before a signature-backed repeal goes to a vote.

Voters will decide June 5 whether to do away with the April 2011 ban altogether.

The vote — scheduled automatically when City Council opted not to approve an initiative petition circulated by smoking ban opponents — effectively would repeal the ban if successful, reverting to earlier version of city ordinance that allowed smoking in bars and some restaurants.

One week later after the election, a panel of Missouri Court of Appeals judges is scheduled to hear arguments related a lawsuit filed by the owner of Ruthie’s Bar challenging the 2011 ban.

Council members on Monday defended the amendments, saying they are an attempt to find some middle ground amid extreme views.

“We tried to listen to the public and respond to it,” Councilman John Rush said.

Councilwoman Cindy Rushefsky said “the fact that both (sides) are unhappy with us indicates we have come to the middle.”